HomeMy WebLinkAboutPINONES, RICARDO & OFELIA (EASEMENT)When recorded, please mail this
instrument and tax statements to:
Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, California 92701
Free recording requested by
TM CITY OF SANTA ANA PER
GOVERME Nr CODE SECTION 6103.
SPACE ABOVE TFBS LINE FORRECORDER'S USE
CANCEL APPROVED AS APPROVED BY DESCRIPTION DESCRIPTION A.P. AN, MAP PROJECT
TARES TO FORM BY DIRECTOR WRITTEN BY CHECKED -OK NUMBER 40B•334-17 NUMBER NUMBER
ATTY.
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1305 W. Camdea Place, Santa Ana, CA 92707 :IiIi
NUNWER
o ,,aJ3)Iteturn FULLY EXECUTED TEMPORARY CONSTRUCTION EASEMENT
O.V,,,,),,,, 'Copy to City Clerk, M-3t3 A-2017-142-02
APR 2 9 29A FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, RICARDO PINONES
and OFELIA P. PINONES., Trustees of the Pinones Family Trust, dated July 20, 2021 and any
amendments thereto ("GRANTOR"), Does hereby Grant to the CITY OF SANTA ANA, a charter City
and municipal; corporation duly organized under the Constitution and laws of the State of California,
(the GRANTEE, hereinafter referred to as "the CITY"), its successors and assigns, the exclusive right,
on a temporary basis, to enter and utilize certain real property in the City of Santa Ana, County of
Orange, State of California, which is described on Exhibit "C" (legal description) and depicted on Exhibit
"D" (plat to accompany legal description), which are attached hereto and made a part hereof (the
"Property"), upon the terms set forth below.
1. Purpose. This TEMPORARY CONSTRUCTION EASEMENT ("TCE") is for the purpose
of constructing the Phase 4 of the Bristol Street Improvement Project between Warner Avenue and
Saint Andrew Place ("PROJECT"), a public project, and gives the CITY, Its successors and assigns,
the power to perform all activities necessary for the construction and completion of the Project, inclusive
of ingress and egress, and necessary appurtenances thereto, on, over, and under GRANTOR's
Property.
2. Term. GRANTOR agrees that the term of the TCE shall be for a period of 18 months,
and shall commence when the CITY issues a notice of commencement of construction to GRANTOR.
Upon filing of the Notice of Completion of the PROJECT, the rights granted by this instrument shall
automatically terminate and be of no further force and effect.
3. Release. For valuable consideration, as set forth in the Purchase and Sale Agreement
for Acquisition of Real Property and Bilateral Escrow Instructions signed concurrently herewith,
GRANTOR, and its successors, transferees and assigns, and each of them, hereby forever release
and fully discharge the CITY and each of its predecessors and successors, and all of their officers,
directors, members, employees, agents, contractors, assignees, and representatives, from any and all
claims, demands, damages, causes of action, costs, and expenses (including, without limitation,
experts' and attorneys' fees), that GRANTOR now, or in the future may have, of whatsoever kind or
nature, whether known or unknown, suspected or unsuspected, present or potential, foreseen or
unforeseen, fixed or contingent, arising from or in any way connected with the construction or use of
the PROJECT ("Claim"), Including, without limitation, any Claim suffered by reason of the theories of
impairment of access, inverse condemnation, property damages, loss of income and/or goodwill, and
relocation assistance pursuant to Federal and/or State law and implementing regulations or otherwise.
GRANTOR understands and agrees that the release contained herein shall not be deemed or
construed as an admission by the CITY of any liability of any kind to GRANTOR.
4. Special Provisions. The Special Provisions attached hereto as Exhibit "E," if any, are
hereby Incorporated, and made a part of this Agreement by this reference. In the event of any conflict
or inconsistency between this Agreement and the Special Provisions, the terms of the Special
Provisions shall prevail.
5. Miscellaneous. It Is mutually stipulated and agreed by and between GRANTOR and the
CITY hereto that this TCE contains the whole agreement between them as of this date and that any
amendments or modifications thereto must be in writing and signed by the parties. The provisions of
this TCE shall be binding upon and inure to the benefit of the successors and assigns of the parties
hereto.
Executed this __day of VVf A-1C At , 20
RICARDO PINONES and OFELIA P. PINONES., Trustees of the Pinones Family Trust, dated July 20,
2021 and any amendments thereto
AWZC" 4e�� fl&�� -
tinted: Ricardo Pinones
Its: a to fit
E"
P nted: Ofelir P. Pinones pp
EMBIBIT 10
LFGAL 17FKRlrT10N FOxk
RIGHT OF WAY rIMPOSE8 — A F Na,:408-334-17
BEING A 3.00 FOOT STRIP, IN THE CITY OF;SANTA ANAL COUN'1Y OH ORAriQE; STATA OF
CALIBORNIA,:SAIV STRIP BEING A PORTION OF.I b f.3$ O! TTtAC1 AI0..2209, I ElL MAP RECORDED IN
$O.O,K.64; PA,OER,25;01) 24 OF MCFILLA.NEOUS M05, IN THE OFFICE or THE COU.N W.
REC ORDEIC OT, SAID COUNP ,.7HE,SQUITlL'FtLY LINS.QF'SAIDSTRIP REINO MOWARTICUGARLY
C.OMMENCING.A THE IM"IRSEGTION OF CAMOBN PLACE AND BRTSTQL STREET, AS SAID
INTE$SBC'fION 13 SHOWN ON SAIDMAP;
THENCE, ALONG SAID CENTERLINE OE CAM04-NPLAC2,MRIW 840134vWEST, 16Q,T6:I>EET;
046' 14" EAST,30.0a FEET, TO A POM
4 ANON TANGBNT"CURVES CONCAVE
ME TRUE POINT
'THENCE, NORTREASTERLYAPONG;SAID CURYF'AM NDISTilNCEOF,15;09FEETT149017GHA
< L 11'RAL ANGLE OF.9°Q5'S$"'f0 A.P6W— OF REVERSE CURYA'I'URB, SAID REVERSECURVE BEING
CON,('AVE'SOIiTf3ERLY,)QMSTSRLY,AND NOftF,TRkL ,HAVINGARADIUSOF43.00FEET;
THENCE, EAVrERLY, SQUTAMRL't,.AND WBST tfiLY AILONO-SAID CURVE AN;ARC I)ISTANCE.OF
I $I:97 FEET THROV611 A CENTRAL ANGLE.OF:242°27'52"TO A POINT OF REVERSE CURVATURE,
SAIDRBVERSE:IKURV.E HMO CONCH -13 0OUT'HWBS'1'BRI.Y; HAYING A.RADiU8 OF 95.00 PEEP;
THENCE, NORTHWBST.BRL.ALONG,SAID CURVB AN ARQ DISTANCE OF 15..09 FEET TAiRG'UGH A
CENTRAL_ANGL.E,OF 9• 05'$5"TO,:APOINT IN THE NORTHUNE OF LOT 35 OF'SA1D TRACT, SAID
F01NT B13`00'I'�IE'TERMINU$ OF THE LINE BRING -DESCRIED HHRE1N:
T:HE NbRTHRRLYlE3E.bF SAID $'CRIP3HALL BE LENOT'kiENEb ORSHOIiT;ENP,DTO TERMINATE
EASTRRLY M.'THR EAST QNE'OF;$AM LOT'3$ AND WE"TM YI'N THE SOUTH LIMB OFSAID'I.OT
3$:
CONTAINING AN AREA OF 28$.SQQARE FEET] MARE pRLESS.
ALL AS $IIQWN ON EXHIBIT'E`, ATTACHED IIERETO.AND:BY THIS R.EPER'PNCE MADE A PART
HEREM
SUBIEOT' TO COVENANTS; 0ONDITIONS, RESTRiMONS, RESERVATIONS; EASEMENTSOF RECORD,
AND RIGHTS OF WAY, IF ANY.
THIS DMC:RIPT16N.HA8 BEEbI
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EXHIBIT'E'
SPECIAL PROVISIONS
A, Construction Contract Work to be performed by the CITY
It is understood and agreed by and between the parties hereto that the CITrs contractor will:
Either replace In kind or protect In place the site improvements which are within the described
TCE area. For example, driveway, landscaping, irrigation system, etc.
B. Improvements to be acquired by the CITY
It is understood and agreed by and between the parties hereto that payment rendered In the
Purchase and Sale Agreement for Acquisition of Real Property and Bilateral Escrow Instructions,
but Is not limited to, payment for the following acquired Improvements:
e 190 square feet of concrete paving
• 94 square feet of Irrigation system
94 square feet of lawn area
CALIFORNIA CERTIFICATE OF ACKNOWLED
AnotdYvpublicorother officercompletingthis certificate verifies only the ldentityof�
the individual who signed the document to which this certificate Is attached, and not
the truthfulness, accuracy, or validity of that document
State of Califor a )
Countyof �� )
On ! /2 �before me, �UI MI
(here ins t ame and till.
personally appeared
A Ali nneQ
who proved to me on the basis of satisfactory evidence to be the perso (s whose nam Q�s 14//(re pb cribe o
the within instruQ(!e-s,
and acknowle ged a thatXe/ e he executed the same ir(s/ r/ heir
authorized capacltand that by l s/Fj�r hei signatures) on t e Instrument the perso (s ,or the e y
upon behalf of whia person(s) acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature--��---
CAM" STICAU
COMM.02442452 z
0 Notary Public • California ;,
z r Orange County
1MY Comm, E lras Mar. 27, 20
(Seal)
Optional information
Although the information In this section is not required bylaw, It could prevent fraudulent removal and reattachment of this acknowledgment to an
unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a document
titled/for the purpose of
containing pages, and dated
The signers) capacity or authority is/are as:
❑ individual(s)
❑ Attorney -in -Pact
❑ Corporate Officer(s)
❑ Guardlan/Conservator
❑ Partner- tlmIted/General
❑ Trustee(s)
❑ Other:
representing:
Name(s)of Personts) or E-1110 U5lg nerl Represenring
Proved to me on the basis of satisfactory evidence:
0 fotm(s) of Identification 0 credible witness(es)
Notarial event Is detailed in notary Journal on:
Page Entry#
Notary contact:
Other _
❑ Additional Slgnens) ❑ Slgner(s)Thumbprint(s)
El
*Copyright2007-2021 Notary Rotary, PG Bm 41400. Des Moines, IA 50311 -0501. All Rights Reserved, Item Numbcr10i772. Please Contact yoa. Apthorixed 0.eseller tp pu¢hase copies of thisform.
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in the real property conveyed by the Temporary
Construction Easement dated April 24, 2024 from Ricardo Pinones and Ofelia P.
Pinones., trustees of the Pinones Family Trust dated July 20, 2021 to the City of
Santa Ana, a charter City and municipal corporation organized and existing under
the Constitution and laws for the State of California is hereby accepted by the
undersigned officer or agent on behalf of the City Council pursuant to authority
conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana
Municipal Code adopted by the City Council on June 1, 1988, in the compliance
with California Government Code Section 27281 and the grantee consents to
recordation thereof by its duly authorized officer.
Date
Date
For the City of Santa Ana:
IRterhV City Manager
��� �' Alvaro Nunez
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of DfkT\QP, 1}
On 4 1�Z42A before me, AI iti Y IMCallG fGty rook,
Date Here Insert Name and Title of the Officer
personally appeared -MV110 t M7,
Nome(s) of Signer(s)
who proved to me on the basis of satisfactory evident be the person(s) whose name(s are subscribed
to the within instrument and acknowledged to me thashe/they executed the same in • /her/their
authorized capacity(ies), and that by�her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) ac ed, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
34 ABIGAIL Y. ALCALA
paragraph is true and correct.
0A,
Notary Public - California
Orange County
WITNESS hand
my and official seal.
Commission Y 2474325
"••••^'^ My Comm. Expires Dec 26, 2027 r
c
(114
Signature
Place Notary Seal and/or Stamp Above
S' ture of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment
of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner— ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other
Signer is Representing:
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